Phœnix Ins. Co. v. Everfresh Food Co.
Court of Appeals for the Eighth Circuit
Appeal from the District Cour.t of the United States for the District of Utah; Tillman D. Johnson, Judge. Suit in equity by the Everfresh Food Company against the Phoenix Insurance Company. Decree for complainant, and defendant appeals.
1Concurrence
STONE, Circuit Judge.
In concurring, I think it proper to state, in my own way, the effect of the law as I understand it to be laid down in the above opinion.
A mere appraisal of value is held to be different from a common law arbitration at least in respect that it is less formal and may proceed under less restriction as to the necessity for hearings. City of Omaha v. Omaha Water Co., 218 U. S. 180, 194, 30 Sup. Ct. 615, 54 L. Ed. 991, 48 L. R. A. (N. S.) 1084; Am. Steel Co. v. Insurance Co., 187 Fed. 730, 733, 109 C. C. A. 478, and citations (3d Cir.).
An appraisal is the result of contract…
2Cases cited6 opinions
- City of Omaha v. Omaha Water Co.Supreme Court of the United States · 1910
- Continental Ins. v. GarrettCourt of Appeals for the Sixth Circuit · 1903
- Phillips v. Iola Portland Cement Co.Court of Appeals for the Eighth Circuit · 1903
- American Steel Co. v. German-American Fire Ins.Court of Appeals for the Third Circuit · 1911
- Barnard v. Lancashire Ins. Co. of ManchesterCourt of Appeals for the Eighth Circuit · 1900
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